The court refused to accept the defence's argument that the victim's story of rape is "doubtful and concocted".
A local court rejected the bail application of Hindi film actor Shiney Ahuja, who was arrested for allegedly raping his domestic maid at his residence in Oshiwara on June 14.
The court observed that rape is a serious offence and a prima facie case has been made out against the actor.
The court also refused to accept the argument of the defence counsel that the victim's story of alleged rape was "doubtful and concocted".
Ahuja, 36, is currently lodged in Arthur Road Jail in Central Mumbai. He was arrested on June 15.
The actor's lawyer argued, "the victim's story of the alleged rape seems highly doubtful and concocted...If she had resisted, then the actor would have had more injuries on his body. But Ahuja has only two scratches on his hand."
There was ample opportunity for the girl to run away from the room or she could have kicked him or even scratched his face, he argued.
"It is common knowledge that rape cases are easy to concoct, hard to prove and even harder to defend. The prima facie case has itself become a little doubtful," Shivade said.
The prosecution opposed the actor's bail application, saying medical and forensic reports of the accused as well as the victim had returned a positive result.
"Circumstances and evidence point out that it is a case of rape and not consensual sex," prosecutor RV Kini said.
"The accused is an influential person and comes from a higher strata of the society while the victim is from a lower rung," Kini said. "He might try to tamper with the evidence or intimidate the victim."
"If the court feels that the accused will tamper with evidence or intimidate the witness, then the actor is ready to shift to Delhi and will not enter Mumbai till he is granted permission to come here," Ahuja's lawyer Shivade countered.
He further argued, "Even assuming that the victim is telling the truth, the matching of DNA at the most will prove sex between two persons and not rape. Not a single injury was found on the accused in spite of allegations that he overpowered her and she had resisted."
The lawyer further said that Ahuja is a talented actor and not a terrorist or a person with criminal antecedents and that he has been tainted by media reports even before the trial had begun in the case.
Following the rejection of bail, Ahuja's lawyer said he might go in appeal to the Bombay High Court.
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